Lesko v. Lehigh Valley Coal Co.
Cases that cite this one
22 later published cases cite this decision.
- Royko v. Logan Coal Co. (Pa. Super. Ct. 1941)
- McCormick Lumber Co. v. Department of Labor & Industries (Wash. 1941)
- Douglass v. Beaver County (Pa. Super. Ct. 1943)
- Crispin v. Leedom Worrall Co. (Et Al.) (Pa. 1941)
- Collins v. State Workmen's Insurance Fund (Pa. Super. Ct. 1941)
- Crispin v. Leedom Worrall Co. (Pa. Super. Ct. 1940)
- Sadusky v. Susquehanna Collieries Co. (Pa. Super. Ct. 1939)
- Monahan v. Seeds & Durham (Pa. Super. Ct. 1938)
- Adams v. W. J. Rainey, Inc. (Pa. Super. Ct. 1938)
- Burrell v. State Workmen's Insurance Fund (Pa. Super. Ct. 1937)
- Amentlar v. New Upper Lehigh Coal Co. (Pa. Super. Ct. 1937)
- Barr v. Atlantic Elevator Company (Pa. Super. Ct. 1936)
- Pelusi v. Mandes (Pa. Super. Ct. 1933)
- Mooney v. Yeagle (Pa. Super. Ct. 1932)
- Kallgren v. C. W. Lunquist Co. (Minn. 1927)
- Hartman v. Schuylkill Valley Transit Co. (Philadelphia County Court of Common Pleas 1933)
- Betts v. American Stores Co. (Pa. Super. Ct. 1932)
- Murphy v. P. & R. C. & I. Co. (Pa. Super. Ct. 1929)
- Skroki v. Crucible Steel Co. (Pa. 1928)
- Jones v. Lehigh Valley Coal Co. (Schuylkill County Court of Common Pleas 1928)
- Calderwood v. Consolidated Lumber & Supply Co. (Pa. Super. Ct. 1927)
- Watkins v. Pittsburgh Coal Co. (Pa. 1924)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff, sixty-five years of age, a miner in defendant’s employ, presented his petition to the Workmen’s Compensation Board for compensation, alleging having received injury Avhile Avorking at his regular employment at defendant’s colliery. The board dismissed his petition and the Court of Common Pleas of Schuylkill County affirmed its action. Claimant appealed.
The testimony upon which the board based its conclusion is, in substance, that on August 26, 1918, claimant, while employed at defendant’s colliery breaking rock, his usual work, was noticed by his fellow workmen “to cease work, rest on the frame of the coal chute, and move his hand and leg up and down,” that at the time his body was shaking and he would have fallen to the floor except for the support given him by others. He was sent to his home in an ambulance and at once attended by a physician who found him unconscious and paralyzed on the right side, the result of cerebral apoplexy. Other medical testimony, in addition to that of the doctor first called, was to the effect that claimant was afflicted with an enlarged heart and also arteriosclerosis, which caused his arteries to degenerate and become weakened. They, however, did not say the apoplexy from which he was suffering was brought on by the work in which he was engaged. From this testimony the board found “that at the time of the cerebral hemorrhage and the consequent apoplexy the claimant was performing the kind
The order of the board is affirmed and the appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.